Theory Of The Prosecutor And The Objective Obligations Of A Way Out

Prosecutors objective obligations, originally is the product of continental law system functions and powers doctrine, public prosecutors of objective obligation theory, is in the service of the system of prosecutors, German history once had a sensation of judiciary century debate, the prosecutor ought to be what kind of duty, what kind of duties launched a thorough debate, the justice of the prosecutor should be side or both sides guardian and protector of public interests, namely the objective side, through the debate, objective party win. From the prosecutor may be defined as objective and neutral obligation responsibility. Prosecutors neutral role is set up in order to better protect human rights, make the real guilty of criminal investigation. So prosecutors objective obligations once established, rapidly into the civil law of other countries, and get the recognition of Anglo-American law system, Anglo-American law system and connotation of the objective duty of prosecutors have a consistent place, show that the objective obligations to the international development trend, the prosecutor appeared a new prosecutor objective obligation theory, absorbing the Anglo-American law system and protect human rights and the civil law on crime characteristics, on behalf of the state, the Japanese, the prosecutor new objective obligation is new, because the theory combines the functions and powers doctrine mode and the advantages of the adversary model both physical truth, and pay attention to protect human rights. But prosecutors objective obligation has been confirmed by the UN rules, requiring the prosecutor when performing their duties, the should be objective and neutral. Our country criminal prosecution system is not clear to absorb the prosecutor objective and neutral principle, plus because our country the idea of "heavy blow" dominant for a long time, the prosecutor phenomenon of objective justice in violation of the obligations or to happen from time to tome, make people for judicial organs, especially the prosecutor office completely lost confidence, think the prosecutor is the executor of the violence, thus also lost confidence in procuratorial organs. The interests of the accused person protected, do not use them even if the criminal suspect, but the result is always in a certain way the accused man confessed. We should make scientific and reasonable of prosecutors’ obligation of regulation, in order to increase confidence in the law, to legal faith. Contrapose to the paper in the prosecutor objective obligation theory based on points, when combined with our country about the attorney to perform his duties shall abide by the laws and regulations, contrapose the reasonable place for reference, put forward their own views, so as to further perfect attorney system in China.This paper consists of introduction, body, conclusion of three parts, including the text includes four chapters:The first part of the objective obligation of prosecutors produce process in the carding of the system. Introduces the public prosecutors objective obligation theory background, the prosecutor obligation of objectivity, created from Germany in the middle of the 19th century, then introduced into other Asian continental law system and continental countries. Then the prosecutor set are analyzed, and the purpose of the objective obligations to the prosecutor theory, namely "the role of the law to protect people" find out the root system. The prosecutor is set in order to make the balance of power and the prosecuting and defending parties in protecting the lawful rights and interests of the accused person. At the same time analyzes the objective obligation of prosecutors concept definition, prosecutors said prosecutors objective obligations including objective and fair responsibility. Final details the prosecutors objective obligation of theoretical and practical value. Inhibition of prosecutors personality of irrational tendency, the introduction of objective and fair responsibility embodies the "the prosecuting and defending parties in the partial against a correction".The second part introduces the system of Germany, France, the United States, Britain, the prosecutor and the comparative analysis, through to the two Major legal systems of several typical countries objective obligation theory to comb, although the national law is different, the content also have different degrees of difference, but in the maintenance of law and justice and safeguard human rights, realizing judicial justice can reach a consensus. Then points out the prosecutor new trend of the theory of objective obligation, namely the fusion of the parties against factors at the same time also to crack down on crime in the criminal lawsuit system.The third part points out the attorney to perform his duties prescribed by the unreasonable place, this part introduces our country law does not directly prosecutors objective obligation, but in the process of formulation and modification of the criminal procedure, the prosecutor’s function orientation, power in the process of procuratorial organs fulfill their duties of supervision and regulation as well as the procuratorial organ illegal duties responsibilities for prosecutors should insist on objective and neutral position. This paper introduces the prosecutor responsibility stipulated in our country, and the real case feedback the unreasonable parts of the law of public procurators. And comprehensive appraisal of public procurators shall collect evidence, the legal supervision status of arrest, investigation and examination and prosecution, the right to avoid duty and so on has carried on the comprehensive analysis, the article points out that the prosecutor in our country objectively obligations laid a solid foundation.The fourth part points out the objective obligation to practice the plight of the prosecutor, find out the deficiency of prosecutors objective obligation to practice in our country, the suggestion perfecting prosecutor ’rights, to establish a reasonable long-term detention remedies, to arrest case hearing, public scrutiny; Improve the system of discovery, if necessary, to exclude illegal evidence system; Improve the system of procuratorial organ for examination and assessment of the business, should focus on working quality, establish justice oriented goals. Really implement the suspected crime from criminal crime, performance appraisal, must set up the quality orientation, fair and the first guidelines.